Category Archive for: ‘Technology’

New R&D Tax Credit passed by Parliament

The long-delayed R&D Tax Credit was passed by the House of Representatives yesterday after clearing the Senate with amendments.  The R&D Tax Credit represents the most significant change to tax innovation policy since the original R&D Tax Concession was introduced in 1986. Check out our alert here.

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ECJ gets behind brand owners

The European Court of Justice (“ECJ“) yesterday ruled that, in certain circumstances, online market operators such as eBay may be held liable for trade mark infringement by users of their sites, and that they should take preventative action against sellers of counterfeit goods.

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ICANN Development 2: Are you up for [.anything]?

A number of new generic top-level domain names (“gTLDs”) were approved in 2000 and 2004 including .aero, .museum, .jobs, .mobi, .tel and .travel.  Under the new ICANN guidelines, entrepreneurs, businesses, governments and communities around the world will be able to apply to operate a TLD of their own choosing.  This could be their own brand in the form “.brand”, or broader non-specific gTLDs such as “.food”, “.sport”, “.fashion” etc.

Application Process

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ICANN Development 1: The [.xxx] Factor

Turn your mind, just for a moment, to this scenario, which we’ll call “Scenario 1”.  It is late October 2011.  You are the owner of a successful brand.  Naturally, you are perusing Mallesons’ IP Whiteboard for handy tips on protecting your rights and keeping up to date on the latest developments in the world of IP.  You decide to Google your brand name and discover that someone has registered [YourBrand.xxx] and posted suggestive photos all over it featuring your iconic branding associated with x-rated content.  There is a website visitor-counter in the top ri

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With “friends” like these

The story begins at the AusCERT Conference (described by AusCERT as “…the premier IT security event for IT security professionals and anyone with an interest in IT security”).

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It’s all in the definition – “drug” or “pharmaceutical item”

AstraZeneca has been unsuccessful in its attempt to overturn a decision of the Minister for Health and Ageing to include a particular dose of rosuvastatin (sold as Crestor, to lower cholesterol) in the Statins-HP “therapeutic group” on the Pharmaceutical Benefits Scheme (“PBS“). The effect of the Minister’s decision is to reduce the PBS listed price of Crestor (and ultimately, the price which AstraZeneca may charge) on the basis of the listed prices of other drugs such as atorvastatin (Lipitor) within the therapeutic group.
 

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UK releases report into future of Intellectual Property

In November 2010, UK Prime Minister David Cameron set up an independent review committee, chaired by Professor Ian Hargraves.  The aim of this review was to determine if the IP framework that exists in the UK was sufficiently well designed to promote innovation and growth in the UK economy, and if not, to make recommendations as to how it might be improved.

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Mallesons launches Facebook page for law students

We know there are a lot of law students and graduates who read IP Whiteboard, so we thought we’d let you know that Mallesons has launched its first Facebook page for graduate careers at Mallesons! 
 

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Drafting international IP licences – watch out for tax risks

We recently posted on certain pitfalls in drafting IP licences.  Well it doesn’t rain, but it pours with these issues, as IBM has recently discovered.  On the receiving end of an adverse Federal Court judgment brought by the Australian Tax Office, IBM has learnt the hard way that the language used to draft an agreement is crucial to how the AT

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